Santa Cruz County Board of Supervisors Minutes: 9/25/2012

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2012, NUMBER 20
Tuesday, September 25, 2012

ACTION SUMMARY MINUTES

VOTING KEY: P = Pirie, Co = Coonerty, Ca = Caput, S = Stone; first initial indicates maker of motion, second initial indicates the "second"; upper case letter = "yes" vote; lower case letter = "no" vote; () = abstain; // = absent

1.		All Supervisors present
2.		Moment of Silence and Pledge of Allegiance
3.		Late Addition to the Consent Agenda: Item No. 58.1: Accept request of the Director of Public Works to add a late item to the Consent Agenda and determine by a four fifths vote that a need to take immediate action arose subsequent to the posting of the printed agenda, as follows: Adopt a resolution authorizing the submittal of a grant application to the State of California Habitat Conservation Grants Program for the purpose of providing wildlife area activities at Quail Hollow Ranch County Park, as recommended by the Director of Public Works
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - nine people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of September 11, 2012, as recommended by the Clerk of the Board

8.   ACCEPTED AND FILED notification of continuing contracts received during the period of September 6, 2012 through September 19, 2012 and approved upon adoption of the 2012-2013 continuing agreements list to comply with Section 300 of the County's Procedures Manual, Title 1, as recommended by the Clerk of the Board

9.   APPROVED the reading by Title of all ordinances considered for adoption that may appear on this agenda and further waived a detailed reading of said ordinances, as recommended by County Counsel

10.   REJECTED the claim of Pacific Gas and Electric (Cross), Claim No. 112-066B, and referred to County Counsel

11.   REJECTED the claim of Donald J. Lea, Claim No. 213-011, and referred to County Counsel

12.   REJECTED the claim of Anthony Melendrez, Claim No. 213-012, and referred to County Counsel

13.   REJECTED the claim of Nicholas C. Soto, Claim No. 213-013, and referred to County Counsel

14.   REJECTED the claim of Richard W. Lund on behalf of property owners, Claim No. 213-014, and referred to County Counsel

15.   ADOPTED ORDINANCE NO. 5132 amending the provisions of subdivision 9.28.030 of the Santa Cruz County Code relating to Multi-Way Stop Intersections on Chanticleer Avenue

16.   ADOPTED ORDINANCE NO. 5133 amending the sections 17.10.020 and 17.10.030 of Chapter 17.10, Affordable Housing, of the Santa Cruz County Code

17.   ADOPTED RESOLUTION NO. 219-2012 through RESOLUTION NUMBERS 224-2012 approving the 2012-2013 budget for County Funds and Special Districts governed by the Board of Supervisors; canceled various appropriations due to insufficient funding and directed the County Administrative Officer to report back on or before October 23, 2012 with any additional actions necessary and approved related actions, as recommended by the Auditor-Controller

18.   ADOPTED RESOLUTION NO. 225-2012 amending Deferred Compensation Plan to allow Roth elective deferrals and in-plan conversions and approved 2 year agreement with Hyas Group in the annual amount of $35,000 for consulting services, as recommended by the Chairperson of the Deferred Compensation Advisory Commission

19.   APPROVED response to the 2011-2012 Grand Jury Final Report and approved related actions, as recommended by the County Administrative Officer

20.   APPROVED deferral of consideration of a memorandum of understanding between the County and the Verutti Family to facilitate the donation of real property intended for a new Felton Library to October 23, 2012, as recommended by County Counsel

21.   ACCEPTED update on the Santa Clara County proposed contract regarding compensation for emergency response outside of the County Fire jurisdiction and directed staff to return on or before the first Board meeting in April 2013 with a status report on the South Santa Clara County Fire District annexation of the Loma Prieta-Hicks Road-Uvas area and subsequent compensation agreement with Santa Cruz County Fire for emergency response into that area, as recommended by the Director of General Services

22.   APPROVED plans and specifications for the 640 Capitola Road Parking Lot Improvement Project; directed General Services to advertise for bids and set the bid opening on October 23, 2012 at 3:00 p.m. in the General Services Department, as recommended by the Director of General Services

23.   AWARDED contract to CRW Industries, Inc. in the amount of $13,000 for the 640 Capitola Road Termite Abatement Project and approved related actions, as recommended by the Director of General Services

24.   APPROVED transfer of the information systems support position from the Sheriff's Office to the Information Services Department; adopted RESOLUTION NO. 226-2012 related transfer of appropriations and approved related actions, as recommended by the Sheriff-Coroner

25.   ACCEPTED AND FILED the Treasurer's monthly Investment Transaction Report for the period ending August 31, 2012, as recommended by the Treasurer-Tax Collector

26.   ACCEPTED nomination of Ligaya Eligion for appointment to the Housing Authority Board of Commissioners, as an at-large tenant representative, for a term to expire October 16, 2014, with final appointment to be considered on October 16, 2012, as recommended by Supervisor Coonerty

27.   ADOPTED RESOLUTION NO. 227-2012 supporting the passage of Proposition 36, the three strikes law, repeat felony offenders, penalties initiative statute, on the November 6, 2012 General Election ballot, as recommended by Supervisors Coonerty and Leopold

28.   ADOPTED RESOLUTION NO. 228-2012 supporting passage of S.6376 and H.R. 3125, which would enact the Earthquake Insurance Affordability Act, as recommended by Supervisor Leopold

29.   APPROVED the revised Conflict of Interest Code adopted by the Felton Fire Protection District on July 2, 2012, as recommended by Chair Leopold

30.   ESTABLISHED October 16, 2012 as the date on which nominations for a position on the california Coastal Commission will be considered by members of the Board of Supervisors, as recommended by Chair Leopold

31.   ACCEPTED AND FILED an update on the effort to fund medication services for the clients of the Maintaining Ongoing Stability Through Treatment program, as recommended by the Director of Health Services

32.   APPROVED agreements with Charis Youth Center in the not-to-exceed amount of $71,000, and with Adolescent Treatment Centers, Inc., doing business as Thunder Road, in the not-to-exceed amount of $66,000 for mental health treatment services provided to court wards, and approved related actions, as recommended by the Director of Health Services

33.   APPROVED agreement with Earth Flow Drilling Company in the not-to-exceed amount of $23,785 for the Polo Grounds County Park Abandonded Well Destruction; approved encumbrance of an additional $2,379 for change order expenses and approved related actions, as recommended by the Director of Health Services

34.   APPROVED agreement with Weber, Hayes & Associates in the amount of $65,000 for petroleum contamination and remediation services and approved related actions, as recommended by the Director of Health Services

35.   APPROVED amendment to the revenue agreement with the California Department of Health Care Services, which provides federal pass-through funding for qualifying expenditures incurred under the Low Income Health Program, and approved related actions, as recommended by the Director of Health Services

36.   AUTHORIZED the Health Services Director to submit an application for a National Association of County and City Health Officials Accreditation Support Initiative Grant in the amount of $40,000, as recommended by the Director of Health Services

37.   AUTHORIZED the Health Services Director to submit an application for a Blue Shield of California Foundation Safety Net Integration Grant in the amount of $250,000, as recommended by the Director of Health Services

38.   APPROVED amendment to agreement with Document Fulfillment Services, increasing the amount by $1,210, for a new not-to-exceed amount of $66,814 for printing and mailing services, and approved related actions, as recommended by the Director of Human Services

39.   ACCEPTED AND FILED report on a one-year pilot property tax relief program for low income senior homeowners and disabled homeowners and approved related actions, including a report back during budget hearings 2013-2014, as recommended by the Planning Director

40.   APPROVED the use of Zayante Sandhills Conservation Bank credits to mitigate for the impact to the Zayante Sandhills Habitat caused by the construction of a replacement utility pole located at the Olympia Quarry property in Felton, as recommended by the Planning Director

41.   SCHEDULED a public hearing on Tuesday, October 30, 2012 at 9:00 a.m. or thereafter to consider Application No. 111078, a proposal to develop a County Center for Public Safety Facility by retrofitting three existing commercial buildings located in the Live Oak Business Park at 5200 and 5400 Soquel Avenue and 2400 Chanticleer Avenue (Assessor's Parcel Numbers 029-021-56, 029-021-57, and 029-021-58), the development of gates, fencing, and appertunant structures in the parking and circulation area of the site (Assessor's Parcel Number 029-021-59), to rezone the site from M-1 (Light Industrial) to PF (Public and Community Facilities), and to amend the General Plan Designation from C-S (Service Commercial) to P (Public/Institutional Facilities), and to amend the General Plan Designation from C-S (Service Commercial) to P (Public/Institutional Facilities), as recommended by the Planning Director

42.   ACCEPTED AND FILED report on Old Big Trees Road Culvert Emergency Repair Project, approved amendment with Reber Construction Company, Inc., by increasing compensation by $16,074.60 and for a not-to-exceed amount of $166,074.60 and approved related action, as recommended by the Director of Public Works

43.   ACCEPTED the improvements and approved the final cost of $169,534.70 for the Hames Road Storm Damage Repair Project and approved related action, as recommended by the Director of Public Works

44.   ADOPTED RESOLUTION NO. 229-2012 through RESOLUTION NUMBERS 233-2012 accepting and appropriating unanticipated revenue in the amount of $1,792,791 and accept the low bid from Monterey Peninsula Engineering, Inc. in the amount of $1,220,297 for the Calabasas Road Improvements - Bradford Road to Buena Vista Drive Project; authorized award of contract and approved related actions, as recommended by the Director of Public Works

45.   APPROVED agreement with the California Conservation Corps for planting and landscaping services for the Calabasas Road Improvements - Bradford to Buena Vista Drive project and approved related actions, as recommended by the Director of Public Works

46.   APPROVED agreements with Dokken Engineering in the annual not-to-exceed amount of $200,000; with Quincy Engineering, Inc., in the annual not-to-exceed amount of $200,000; and with Mesiti-Miller Enginnering, Inc. in the annual not-to-exceed amount of $200,000 for civil engineering services for storm damage related road repair projects through June 30, 2015 and approved related action, as recommended by the Director of Public Works

47.   APPROVED County's participation in the Mobile Muse Program, and approved related action, as recommended by the Director of Public Works

48.   APPROVED independent contractor agreement with Linares Brothers Trucking for hauling of mattresses, box springs, stuffed furniture, and boxes of audio and reading material in the not-to-exceed amount of $4,550; authorized payment to Linares Brothers Trucking in the amount of $4,550 for work performed in the 2011-2012 fiscal year and approved related actions, as recommended by the Director of Public Works

49.   APPROVED independent contractor agreement with GEI Consultants, Inc., for geotechnical services for the Ranch Rio Avenue Bridge Replacement Project in the not-to-exceed amount $30,170 through June 30, 2014 and approved related action, as recommended by the Director of Public Works

50.   APPROVED independent contractor agreement with Taber Consultants for Geotechnical Services for the Either Way Bridge Replacement Project and approved related actions, as recommended by the Director of Public Works

51.   APPROVED permit for the 2012 Golden State Challenge Bike Event on October 21 and 22, 2012 to benefit the Wounded Warriors Foundation and approved related actions, as recommended by the Director of Public Works

52.   APPROVED permit for the 2012 Camp KREM Fundraising Motorcycle Ride event to benefit services for the disabled on October 20, 2012, and approved related actions, as recommended by the Director of Public Works

53.   APPROVED road closures for the 2013 Surfer's Path Marathon and Capitola Half Marathon on Sunday, May 19, 2013, and approved related actions, as recommended by the Director of Public Works

54.   ADOPTED RESOLUTION NO. 234-2012 approving transfer of certain Redevlopment Agency acquired properties from the County of Santa Cruz to the Santa Cruz County Redevelopment Successor Agency; and approved related actions, as recommended by the Director of Public Works

55.   AUTHORIZED expenditure of $11,666 for the 2011-2012 O'Neill Sea Odyssey Education Program and authorized continuous funding of the Program until 2017, as recommended by the Directors of Public Works and Health Services

56.   As the Board of Supervisors of the Santa Cruz County Redevelopment Successor Agency, ADOPTED RESOLUTION NO. 235-2012 accepting transfer of certain Redevlopment Agency acquired properties from the County of Santa Cruz to the Santa Cruz County Redevelopment Successor Agency; and approved related actions, as recommended by the Director of Public Works

57.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, AUTHORIZED transfer of appropriations in the amount of $50,000 within the Freedom County Sanitation District Budget for the Calabasas Road Improvements - Bradford Road to Buena Vista Drive project, as recommended by the District Engineer

58.   AS THE BOARD OF DIRECTORS OF THE FREEDOM COUNTY SANITATION DISTRICT, AUTHORIZED transfer of appropriations in the amount of $100,000; accept low bid from Pacific Underground Construction in the amount fo $804,580 for the Minto, Meidl, Behler, Hasting Sewer Project and approved related action, as recommended by the District Engineer

58.1.   ACCEPTED request of the Director of Public Works to add a late item to the consent agenda and determined by a four fifths vote that a need to take immediate action arose subsequent to the posting of the printed agenda, as follows:

ADOPTED RESOLUTION NO. 236-2012 authorizing the submittal of a grant application to the State of California Habitat Conservation Grants Program for the purpose of providing wildlife area activities at Quail Hollow Ranch County Park, as recommended by the Director of Public Works

59.   AS THE BOARD OF SUPERVISORS, SCHEDULED a closed personnel and litigation session as follows:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Lichen Oaks Ranch, LLC v. County of Santa Cruz, Santa Cruz County Superior Court Case No. CV173247

REPORT OF COUNTY COUNSEL - no report given

REGULAR AGENDA

60.   CONSIDERED adoption of resolution recognizing Binational Health Week in Santa Cruz County;

ADOPTED RESOLUTION NO. 237-2012 recognizing Binational Health Week in Santa Cruz County
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61.   The Board of Supervisors recessed in order to permit the Board of Directors of the County of Santa Cruz Flood Control and Water Conservation District, Zone 5, to convene and carry out a regularly scheduled meeting

62.   Continued public hearing for special consideration of Application No. 111108, a proposal to construct a clubhouse at the Los Altos Rod and Gun Club, located at 14750 Skyline Boulevard;

CONTINUED public hearing to January 15, 2013 of the Special Consideration Appeal of Application 111108; with the additional direction that Environmental Health staff request the Rod and Gun Club submit their health risk assessment to the County by November 1, 2012, and staff return with a status report on November 20, 2012
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63.   Public hearing held to considered Application No. 101027 (Barry Swenson Builder for Green Valley Corporation) to construct the Aptos Village Project, a mixed-use commercial and residential development;

(1) closed public hearing;

(2) ADOPTED RESOLUTION NO. 238-2012 making findings and certifying the Mitigated Negative Declaration and Mitigation Monitoring Program as complying with the requirements of the California Environmental Quality Act (Attachment 1);

(3) ADOPTED RESOLUTION NO. 239-2012 making findings and amending the Aptos Village Plan to allow demolition of the Aptos Firehouse/VFW building, to allow flexibility in the total number and square footage of residential units to be constructed, and to allow a second anchor tenant (Attachment 2);

(4) ADOPTED RESOLUTION NO. 240-2012 making findings and authorizing the demolition of the historic Aptos Firehouse/VFW Hall (Attachment 10);

(5) ADOPTED ORDINANCE NO. 5134 making findings and amending Chapter 13.10 of the Santa Cruz County Code to rezone the locations of historic properties resulting from this project (Attachment 3);

(6) ADOPTED ORDINANCE NO. 5135 making findings and establishing the Planned Unit Development conditions for this project (Attachment 4); and

(7) APPROVED findings and conditions for Planned Unit Development Subdivision, Commercial and Residential Development Permit, and Roadway Abandonment Number 101027 (Attachments 4, 5, and 6)
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64.   CONSIDERED an ordinance amending Subdivision (A) of Section 13.10.325 and Subdivision (C) of Section 13.11.040 of the Santa Cruz County Code relating to the size of residential structures subject to a large dwelling permit and design review;

(1) APPROVED "in concept" ordinance lowering the threshold in the large dwelling unit ordinance from 7,000 square feet to 5,000 square feet;

(2) REFERRED the proposed ordinance to the Planning Commission for environmental review and consideration prior to returning to the Board; and

(3) DIRECTED the Planning Director to review the other recommendations in the letter from the Rural Boony Doon Association regarding the large dwelling unit ordinance and incorporate suggestions as appropriate into a proposed ordinance amending large dwelling design criteria to be included as a component of the regulatory reform effort at the time that residentail development standards are being updated
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65.   CONSIDERED amendment to the Santa Cruz County Code by adding Chapter 6.25 and amending section 6.24.090 related to administrative citations and enforcement of animal regulations;

(1) accepted and filed report regarding Animal Services Administrative Citation Program;

(2) approved "in concept" ordinance adding Chapter 6.25 and amending Section 6.24.090 of the Santa Cruz County Code Relating to Administrative Citations and Enforcement of Animal Regulations to return on October 16, 2012 for final adoption
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66.   Public hearing held to consider adoption of ordinance amending Chapter 5.48 of the Santa Cruz County Code relating to the Reduction of Single-Use Plastic and Paper Carry-out bags to include restaurants in the unincorporated County of Santa Cruz;

(1) opened public hearing to take public testimony regarding the proposed ordinance;

(2) closed pubic hearing;

(3) approved "in concept" ordinance amending Chapter 5.48 of the Santa Cruz County Code relating to the Reduction of Single-Use Plastic and Paper Carryout Bags in the unincorporated area of Santa Cruz County to include restaurants;

(4) consistent with CEQA Guideline Section 15162, concluded that no further environmental review is necessary; and

(5) directed the Clerk of the Board to return the ordinance to the Board for final adoption on October 16, 2012
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999.   WRITTEN CORRESPONDENCE LISTING: The Written Correspondence Listing is established to act as a report of materials received by the Board as a whole but may also include items requested for inclusion by individual Supervisors. Upon completion of any actions deemed necessary (i.e. acknowledgment, referral, etc.), these items are included in the Written Correspondence Listing under the appropriate heading. While these items are not part of the official record of meetings of the Board of Supervisors, they will be maintained by the Clerk of the Board for a period of two years, after which time they may be destroyed after the County's Historic Resources Commission has been provided an opportunity for review.

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS